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<br />8. As to the 30 foot Drainage Easement, the City agrees to release the easement and accept the <br /> <br />dedication of a substitute temporary drainage easement meeting City requirements, with a <br /> <br />condition subsequent for the City's relinquishment of the easement upon completion of an <br /> <br />alternative drainage system within the Lowman property in accordance with plans approved <br /> <br />by the City's engineering staff. Tanger does not waive or release any rights it has or may <br /> <br />have under Texas law with respect to drainage of\vater from Lowman's property. <br /> <br />9. The City will accept the donation of the 7 acre::!: triangular area (subject to the roadway <br /> <br />crossing the park area), dedicate the area as a public park, and credit this donation towards <br /> <br />parkland dedication requirements for any property of the Lo\\man Ranch. Ltd., or Lowman <br /> <br />Pasturelands, Ltd., or their assigns, that is described in Exhibit D attached hereto and <br /> <br />incorporated by reference herein. Lowman will provide input to the City on the initial park <br /> <br />j( - ;> desig1 and the park will be named Lowman Par~ This covenant shall survive Closing. <br /> <br />10. Tanger will dedicate to the City the area shown on the attached Exhibit "An as an easement <br /> <br />for a future roadway, together with a public utility easement as shown on the attached <br /> <br />Exhibit "A." The City will accept these dedications, and will require dedication of a similar <br /> <br />area of right-of-way, from 60 feet in width at its intersection with IH-35 narrowing to 20 feet <br /> <br />in width adjacent to the right-of-way dedicated by Tanger, and will require dedication of a <br /> <br />10 foot wide parallel Public Utility Easement from the property owner adjacent to Tanger <br /> <br />at the time of platting of the owner's property. The City also will credit the area of right- of- <br /> <br />way dedicated by Tanger towards its area requirements for landscaping under applicable City <br /> <br />ordinances, and will regard the area, upon construction of a roadway, as a legal non- <br /> <br />conforming use with respect to the landscaping requirements. Lowman shall have the right <br /> <br />Litigate\Lowman\Mediation.Agr <br /> <br />-3- <br /> <br />00102/0 I <br />